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Entered According to Act of Conffress in the Tear 1883, 

By i. LEOPOT.J), 

in the Office of the Librarian of Congress, at Washington, I>. C. 



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AVACO, TEXAS: '~>^^JASv><n^ 

Brooks & Wallack, General Book and Job Printers^ " 

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PREFACE. 



I am presenting to some of the citizens of Galveston who are per- 
sonally known to me, and to others bj' reputation, an essay of mine 
called a "Maifest Speech." I am led to this step to protect my honor 
and character and to sets bounds and limits to further injury that 
might be done to me. 

Nobody is under obligations to me, but between this and 

« 

depriving a man of his business, of society, friends, reputation, 
health, security, literally taking everything away from him, there is 
a vast difference ! 

The " speech" originally is written in German. The translation is 
true; sometimes free and at other times restricted. It was written 
in a state of mental and physical prostration, produced through the 
above mentioned agencies ; for the same reason had I no access to 
books, wherefore many things are not as accurate as I want them to 
be. The whole was composed in the city of Galveston, and what is 
more strange it was never delivered, and had I spoken I would have 
used perhaps only half of the composition. 

Another object I have in view, is to test, if possible, whether I 
deserved such treatment; and, in proper time, to give to the public at 
large such particulars and details as are known to me, and appertain 
to the affair alluded to. 

L. LEOPOLD. 

Waco, Texas, May, 1883. 



A "MAIFEST SPEECH." 



It is the prevailing custom, as far as my knowledge serves me, that 
speakers, generally, precede their discourses with preliminary remarks. 
I would have avoided this practice on the occasion of this Maifest, if 
unforeseen difB^culties, of the greatest importance and extent, had not 
obstructed my way ; and were I to leave them unexplained, it is 
possible, I fear, that you might be induced to draw wrong conclusions ; 
wherefore, to obviate misunderstandings, I deem it not unmeet, to 
make a few explanatory remarks. It is conceded that when a speaker 
on festive occasions, through means of his speech, brings into life or 
activity, pleasure, hilarity and arood feeling generally, or if he takes up 
a theme which flatters national vanity, that he has wholly, or partially, 
done his duty. I have concluded to make a deviation, not perhaps for 
the sake of making an exception, but because time and circumstances 
demand that something else be discussed, especially a theme which 
might advance our position and standing, and be at the same time a 
profit to the community we live in. And this fact becomes a necessity 
and the duty forces itself on me, when I reflect on the traditions of the 
Germans, the great influence they wielded in past ages on other 
peoples and nations, and when I furthermore consider the high position 
they occupy in all the branches of science, in the arts and industries ; 
and when I bring all this in comparison to our inactivity and 
disorganization, particulai'ly in this State, it is highly probable that 
you will give me your assent when T choose to launch on this field. 
Aside from this. I thereby, bv no means, think to act contrary to the 
spirit of a German custom, or detract the least from the merits of the 
Maifest, for Tacitus, the Roman historian, in his "Germania," 
describing the old Germans, mentions amongst other characteristics, 
that when they assembled, either for peace or war. that they always 
appeared in full war armour; and in view of the other virtues and 



manly qualities which the same author mentions, I take the liberity to 
assert that this custom did not indicate love for war or dissention, but 
that it rather indicated, symbolically, nunquam non paratus, "to be 
always ready" for the defense of right and honor. And so may I 
presume that I may be permitted to make use of such weapons, 
such mental weapons, for right and honor, which may benefit our well 
being. 

Man in his aboriginal state seeks first protection from dangers, wild 
animals and the elements of nature. Secure of these he longs for 
commodities, and then advances on the path which leads to a higher 
degree of civilization. He enacts laws for the better protection of 
himself and the community ; he enlarges his knowledge in all spheres ; 
he labors in the industrial and artistical avocations, and as he has thus 
in view his own welfare, he labors for the benefit of all. The Germans 
in Texas have almost a similar history behind the;n. Coming as we do 
from our mother country, with manj'" physical and mental advantages, 
and arriving on these shores, we find ourselves exposed to many 
contests; we are wholly unacquainted with the institutions and laws 
of the country; also with the customs and habits of the people; we 
must acquire another language in addition to our own, and have to 
struggle against climatic influences. And most of us who have 
followed up certain life avocations, are forced to seek other means to 
gain a livelihood, because necessity compels us, or as the case might 
be, we choose so to do, to ameliorate our condition and ^'■pour corriger 
la for tune. ^^ Through these changes and mutations, but principally 
because most of us have so accustomed ourselves to this varied mode 
of life, which needs not be explaiued here, we forget excellent qualities 
that are dormant within us, and if these powers were correctly applied 
it would not only be an honor to us, but as already told, an advantage to 
the community at large. You will then readily perceive that I am stand- 
ing before great problems, which I have proposed to myself to discuss ; 
but to my regret I find myself on the threshold of the many difiiculties 
adverted to ; for to consider these correctly and to discuss them in their 
proper light, it takes unbounded knowledge in all spheres and branches 
of the human society, a large amount of self experience, enduring 
power of speech and ever so many other mental requirements ; 
qualifications, in short, which in a large degree I am wanting of; at 
the same time it would be necessary to. point to the precipices, cliff's, 
chasms and labyrinths that threaten to oppose us. And could such a 
man be found, which is not impossible, he could not treat such 
gigantic questions in half an hour, or in an hour in such a degree or 
manner as the importance of the subject demands. Then comes 
another difficnlty. I have been requested to furnish my own theme. 
A political or economical discourse, or both blended together, would 



— 3— 

be, I think, out of place, also strictlj^ speaking a Manifest speech, for 
reasons indicated. Therefore I find myself induced to combine, after 
American fashion, many things with many things, and would there- 
fore beg of you, considering the many drawbacks, not to subject my 
speech to too severe a test of criticism and uot to be too harsh. And 
having made these preliminaries I will begin with the principal part 
of my talk, and would request you kindly uot to deny me your 
attention. 

While I was engaged endeavoring to divine the origin of the 
Maifest, the expressive words of Arndt's patriotic song, "What Is the 
German's fatherland ?" presented themselves without my volition to my 
mind, and upon investigation I perceived that it answered two purposes, 
namely: as the leading thought of my discourse and to unfold much 
the better the object stated. The poem itself, though well known to 
us, nevertheless on account of its tendency, as also to pi-epare your 
minds to the channel of thought which I am about to pursue, I will 
quote in brief or in extracts. It reads thus : 

"What is the German's fatherland ? 

Is't Prussianland ? 

Is't Suabianland ? 

Is't where on the Rhine the grape vines bloom ? 

Is't where on the Belt the sea birds fly ? 

Oh, no 1 no ! no I 

His fatherland must greater be 1" 

In the other verses the author asks if it is in any other of the 
provinces, denies it always with the same words on the ending of each 
verse, but solves the question at the end with these beautiful and ex- 
pressive words : 

"It is where the German tongue resounds, 

The author could perhaps have chosen other ideas ; for instance that 
the Germany origin is to be traced to the feet of the Himalaya* and the 
banks of the Ganges, where a great culture, thousands of years ago, 
was in such a high state of perfection that it attracts the attention 
and the admiration of the civilized world, and that the descendants of 
this race are now occupying that portion of territory in Europe, as 
the same author remarks, in another poem, which stretches 

" From the Maas on to the Memel, 
From the Etsch up to the sound ;" 

and that they live there in great prosperity, doing honor to their 
distinguished race. Or he could have said that the cradle of the 
Germans is to be sought in the oak woods of Germany, (the tree 
held most sacred amongst the old Germans) that it was consecrated 
there, and that their mind and spirit was as strong, fresh and free, like 
the much praised tree itself. Or our author could have adduced a 



— 4— 

mystic idea, like the origin of the Greeks or Romans, or any other 
people. But Arndt contents himself with the language and he ex- 
presses so much therewith : it contains the idea that the German 
people though so often on the brink of destruction and annihilation, 
that through this most sacred tie, it always found safety and salvation 
again. It reminds on Luther's translation of the Bible, not alone 
that he is the creator of the German language in its present form of 
writing and speaking but by means of this great work, which com- 
prises the language, he laid the foundation for modern free thought. 
It reminds on Napoleon the First, after he had dissolved the 
German empire, (founded by Charles the Great), by the formingof the 
Rhine confederation, and when Germany was crushed and bleeding on 
a thousand wounds, the sages in the universities, by means of 
their patriotic harangues, also the language, to their students, 
called forth that popular storm of 1813, which we best know 
from verbal and historical traditions, and which eventually led to the 
dethronement of the emperor. It reminds on the great works of 
our thinkers and poets, which were created by means of the language. 

The thought is so simple and so comprehensive that one is almost 
forced to come to the conclusion that the poet has hid the right idea, 
and the German jjeople conscious of this fact, choses to accept the poem 
and song as the national hymn. Such a striking example being then 
before my mind, while I was engaged to explore the origin of the 
Maifest, what need had I to make many investigations, as I will 
afterwards try to explain ; though this question, I may, by the way, 
add, has no direct connection whatever with Arndt's poem, but as 
indicated before, it rather served me as a criterion to come to a better 
and more satisfactory solution. We certainly possess many sources 
whence and how the Maifest originated, and I allow myself to cite 
several instances, though they may not be necessary to be mentioned 
but they are by no means unfit, and may perhaps be of general 
interest. Thus history furnishes us with a glaring custom 
out of the middle ages, when the knights throughout the winter 
season were forced to remain within their castles, at a period when the 
commodities of fire and light, as we possess them, were not 
known yet, and the protection for the body against the elements of na- 
ture were of such a vei'y precarious kind, that in consequence whereof, 
hunting, festal games and gatherings, and every kind of warfare had 
to be stopped, as also the songs of the wandering troubadours had 
ceased to be heard. The winter was then a trying time. At last spring 
arrives ; snow and ice have melted and the winds and storms have 
subsided. The month of March is windy and stormy. April is 



— 5— 
capriciously changing. Then comes May with all the splendor and 
glory of nature, like a beautiful rosy cheeked maiden, beaming with 
joy and gladness, and bringing gifts and oflferings to every one. A 
great change has taken place. The trees have donned new dresses and 
plants and flowers decorate the earth. All is like newly res. 
urrected and rejoices with the creation. The people at large, out of 
joy are longing to celebrate a feast. The knights, the lance and shield 
bearers and other followers, together with the rural population, are 
making gigantic preparations and assemble for the purpose to celebrate 
the feast in an appropriate mode, and to make the celebration sym- 
bolic, a boy was being dressed, donned with flowers, wreaths and 
garlands, representing the month of May, whose appearance the par- 
ticipants, in a festive mood, greeted with general acclamation and 
salutation. Another custom instituted by Charles the Great, causing 
his vassals to assemble, to consult about the welfare of the empire ; 
the month of May was chosen as the time, and the place where these 
meetings were held was called "Maifeld," (Mayfield) which custom was 
kept up throughout the middle ages. Also passages could perhaps be 
cited from the Edda songs or Niebelungen, aud from the elder poets 
like Walter von der Vogelweide, orfrom the Minne songs, all or any of 
which might give us a better insight of the origin of the Maifest. 
Then we might turn our attention to the customs of peoples of other 
countries, lo the Roman Bachanalias and Saturnalias, how and in 
what manner they were celebrated; so the lion and bull fights in the 
capitolaum might be mentioned ; so the Olympic games of Greece, 
where the philosophers, statesmen, poets, warriors and artists of all 
Helas and all the other Grecian colonies assembled to gain prizes in 
mental, artistical and gymnastical contests and that it was considered the 
highest honor and glory to be crowned with the olive wreath, and that 
these feasts were held so high that they were taken as the basis for 
the computation of time and historical events and were named "Olym- 
piads;" also the Egyptian religious show processions could be 
adduced and those of Christian countries which are also held in May 
and are being kept up to this day. All these feasts and festivals are of 
great importance to the one who studies customs and manners of 
peoples and are of great value to science generally, but for us, on this 
occasion, they are of no particular significance. And like Arndt's 
phrase already adverted to : "His fatherland must greater be." I may be 
here permitted to remark in relation to the Maifest, "Its origin must 
greater be." I beg, therefore, to remind you of a word, of a mighty 
word, and I pronounce it with all reverence and esteem, that I can 
possibly express on this occasion, as this thought recalls to my mind 



— 6— 

the most hallowed memories and reminiscences of childhood. "Its 
origin must greater be" — it originated in the school house. In this 
abode of peace and blessing, the Maifest received its consecration, 
which fact alone and solely makes it so all important to us. There we 
made its acquaintance, in the years of blissful innocence, at a period 
when we know nothing yet of the storms and contests of the world, 
when we dreamed of our own wealth and fortune and the greatness 
of our country. Our poets have praised and extolled these days in 
numberless and varied songs and our musical composers have set 
them in unsurpassed strains of melody. And the Germans, if they 
want to celebrate a day in commemorationof their birth and nationality, 
need not choose the day on which Arminius is supposed to 
have annihilated the Roman legions, or perhaps the day on which the 
"battle of nations" ofLeipsic was fought, or perhaps that of Sedan, or 
any other day considered great in their national history. We are cel- 
ebrating the Maifest in honor of our nationality, because it contains 
all. The Germans of America have therefore, fitly chosen, and we 
have the greatest cause to congratulate ourselves to this great day and 
to welcome and celebrate it as a true and genuine people's feast. And 
most heartily do I rejoice that the Germans of the city of Galveston 
are taking such a warm and deepfelt interest, judging from the great 
preparations that have been made for months past, which shows more 
than words can express, that our reminiscences of our mother country 
have not been obliterated yet from our memories. Last, but not least, 
I must not forget to express our deep and heartfelt thanks to the 
American population of this city, who in such amiable manner have 
given us their participation and support. 

The other part of my speech, as already indicated, I will devote to 
describe the condition of the country, with special reference to our 
own State, including a few brief cursory remarks about the modern 
laws, by whom and under what circumstances they were enacted, and 
how injuriously they have affected the country at large, and espe- 
cially the people of our own State; and that we are still suffering on 
them, one and all. Tliese laws oppress us like a night-mare; they 
are an impediment to the development of the whole community ; they 
fasten themselves on all the branches and members of our body politic, 
and paralj'^ze the whole fabric of State. The only balance which pre- 
serves us from the fate of bankruptcy, hunger and perdition, is the 
immense richness ot all sources in all imaginary branches which a 
people could wish for; and also the sound and practical sense of the 
Anglo-Saxon race and their adhesion to the laws of Old England, 
the latter though to a great extent antiquated, offer nevertheless a very 
strong bulwark to our support and safety. Most deplorable affairs we 
find, in all directions, and if we are mindful of our own dignity and 



— 7— 
pride as men, we ought to leave nothing undone, to banish those old 
antecedents which have outlived themselves, and those laws which do 
not comport to growth and healthfulness, and to create new and sub- 
stantial ones in their place. 

To coroborate my allegations, I will touch a few points in illustra- 
tion of the condition of affairs and to lay them before you for your 
kind consideration and reflection. "We certainly are possessed of great 
wealth, but we are poor, very poor, withal. Said not long ago a friend 
to me, who is a foreigner, belonging to the Latin race, these words : 
"Your people are all sick," a truth which I knew long ago. Let us 
contemplate, for example, the merchant, because he is so peculiarly 
situated and affected on account of the middle part he forms between 
producer and consumer. He is indeed to be pitied. If he does not 
make the most gigantic efforts to amass coUosal fortunes, he is in dan- 
ger to succumb in the struggle. He lives in constant excitement and 
fear, caused through influence of the weather, which might endanger 
the prospects of the harvest, and which fear lasts through the whole 
planting season and over ; then through the vacillation of the finances, 
and the fall and decline of the market prices. But his greatest insecu- 
rity is caused by his credit sales, for which the laws give him a very 
poor protection; and a failure of the crops, which might shake and 
fell the strongest pillars. Judging from his daily habits and inter- 
course he could almost be compared to a gambler, he has to cudgel 
his bi'aius with a thousand and one questions per day, he is fidgety 
and often quite absent-minded, and how badly "he has got it," he 
knows scarcely himself. But he does know that he has to fight for 
his credit and for his existence, all the time. The merchant with 
smaller means is still worse off, who is largely affected of evils of an- 
other kind, which fall on the farmer, laborer, mechanic and artizan in 
the gravest manner and degree, and which I will treat more fully 
hereafter. The effects are, that feelings of uncertainty, discontent, 
distrust and selfishness are engendei-ed, which affect all classes of 
society. Our best human sentiments are nipped in the bud. To be 
callous is a species of strength ; hard-heartedness is explained as a sign 
of manliness ; an innocent and harmless pleasure a waste of time and 
unbecoming; kindness is weakness ; and politeness, "putting on airs." 
Money is not the means, but the end of life. "Business" is our whole 
existence; it is almost our every deed and action; it is our laying 
down and our getting up ; it is all beginning and all end. And taking 
a strict business point of view, it is no business after all. It is a ram- 
ble and scramble for profits, and one is trying to overreach the other. 
Compare the original cost prices on goods in the eastern market, to 
what your farmer in the prairies has to pay for it, and I come near be- 
ing right. This point I will touch more fully hereafter. Objections 



might be made against these sombre delineations, and I admit, that 
they might be correct, but to only a very small extent, as I am able 
to rejoin that many people can allege the contrary only, for no other 
reason, because capital goes to them and comes through or from no 
other source than from capital itself, and then it is no reason. Great 
talent is commanding, is therefore independent, cati also be not reck- 
oned. Then there are some people who are possessed of many of the 
world's goods, which came to them through the assistance of family 
connections and friends ; then there are such people as capitalists, 
clergymen, office holders, officers of tlie army and navy, and manj^ 
other professional men, who accept the situation as it is, and who 
have some cause to be contented. All these cannot be counted, as they 
mostly subsist on the surplus of the wealth of our capital, and can 
form, therefore, no criterion. Most of us know from self-experience 
and from our daily observations, that it is almost an utter impossi- 
bility for a young man to climb up the ladder to wealth or renown, if 
not any or perhaps all of the above mentioned means are within his 
reach. To make an ordinary living now, has been reduced to an art. 
There is no demand for labor. Advertise in your paper and you can 
find it out from the many applicants; and it is worse at other places 
than here. Other facts are : increase of baser passions ; increase of 
the prostitution of the female sex ; marriages are impeded ; it leads 
to strikes; nourishes and spreads the doctrines of communism and 
socialism, and the ties of morality are unloosened. The theologian 
accuses the sins of the world ; the laborer, capital and monopoly ; the 
politician, the wrongs of the opposite party ; others, the climate, the 
soil, and the weather; and even in Congress speeches are almost daily 
made that it is the peculiarity of the people and the development of 
the country, why general principles, to solve the question, c6uld not 
be applied. And all who sutfer, drudge along as long and as well as 
they can, console themselves with the childish hope of the coming of 
better times, and almost everyone knows and feels that he is disap- 
pointed. What is the cause of all this ? I allow myself to make a 
few general remarks. It is the faulty division or accumulation of 
capital, caused by bad laws, which prevent it from running into its 
proper and natural channels, which again causes stagnation of trade, 
interruption between supply and demand, uncertainty in the general 
market, and endangers the labor question. All these difficulties can 
only be solved with strict rules of logical doctrines and with nothing 
else. 

First we want to consider how and in what manner these laws men- 
tioned were created, the motives and pressure which caused them to 
be enacted, which is highly important to advert to, in order to be bet- 



— 9— 
ter enaVtled to improve our condition. For this pnrpose, I deem it 
first necessary, to make a few remarks about the Soutliern man, re- 
garding some general traits of his character, his weak and strong 
points, and some of the circumstances that surrounded him, because 
we live in his midst, and because he played and is still taking such an 
all-important part in our legislation : For art, in the sense as we Ger- 
mans conceive it, he has no love or taste ; but the much more is he in- 
clined to religion, to reading and studying history and literature. In 
the sciences he is behind, owing to the isolated position he held, and 
Avhicli he did not specially require. He honors and esteems the female 
sex very highly, for which I admire him. He thinks noble and gen- 
erous, but blinded from wrong views, which he entertains, he acts very 
often on the opposite ; he also entertains the silly idea that noble blood 
runs in his veins. He possesses great intelligence, but sympathy and 
passion carry him often away from cool and deliberate reflection 
He is a phantast and dreamer, which fact is plainly shown how he 
suttered himself to be dragged into the war and with what tenacity 
he clings to the old democratic party, whose doctrines have not the 
least connection with the questions of the day, save perhaps in integ- 
rity and honesty of purpose, which once characterized that party; 
for though these traits are very important, they are by no means suffi- 
cient to accomplish good ends and results, as it takes something else, and 
much more besides. After the close of the war, after he had every- 
thing sacrified, blood, property, the principles annihilated which he 
contended for, his country was then given to, and literally sucked out, 
by unscrupulous politicians, installed by the Federal government, and 
who connected themselves with the worst elements of society. To 
make the measure of his misery replete, his former slave was given 
the right to vote, while he for a long time was deprived of it, which 
weapon the negro turned now against his former master, with terrible 
force and eftect. Thus stood he there, poor and an object of pity. 
From the other side, strong reproaches were made to him, that during 
the war he practiced great cruelties,and after the close of the war, that 
men were ostracized from his country on account of holding ditt'e rent 
political opinions, which brought the Northern inhabitants to a high 
state of indignation, who had made such heavy sacrifices to preserve 
the Union. I want to be understood. I will not criticize parties, but 
will only show, or attempt to show, that where such intense hatred 
and animosities are existing, the prosperity of any country is an utter 
impossibility. Against us Germans, in particular, the Southern man 
has very little liking for, because we took sides against him, and this 
was quite natural, (1) through our education and the then prevailing 
European views ; (2) it was not necessary for us to examine how and 
in what manner the slave came to be here; (3) we were obliged to 



—10— 

take a stand, when the country was ablaze ; (4) the system of slavery 
was against us. 

Against the "Yankee" he is more conciliatory, on account of being 
nearer connected with him through blood and history. But for causes 
on the war question, blame, if any, (I must be excused for the expres- 
sion, for I am reasoning on one side), ought to fall on that other side. 
I have no right, desire or inclination, under any circumstances, to 
excuse the part the Germans took, or to throw perhaps hatred into 
another direction. The fact is, I want all animosity to cease. I only 
want to show how illogically the Southern man reasons in regard to 
us, which, of course, is against his interest. 

In the field of politics he was beaten time and again, mostly through 
his own mistakes ; but he only blundered as a party man. The other 
party, though successful as a party organization, committed criminal 
blunders inside, as the government party. Their leaders wanted to 
create a spirit of loyalty, which in stupidity surpasses anything and 
ever}^thing ever attempted in that line. Three golden opportunities 
offered themselves to arouse that spirit : the annexation of Mexico, 
Cuba and San Domingo, whereby three more additional stars could 
have been added to the flag of tlie Union, and perhaps the foundation 
be thereby laid for the future control of the whole American conti- 
nent, by the people of the United States. But nothing was done. 
Their regime was heav}*^ and clumsy, leaving out several other sub- 
stantives and adjectives. Since the close of the war, no statesman 
was able to solve the question. Hatred and annimosity pervaded the 
two sections. Sumner, perhaps the ablest, joined the reform move- 
ment, which was destined to perdition, merely out of spite and malice 
against Grant, in regard to the San Domingo question then pending, 
which island Grant intended to annex ; the only smart thought which 
Grant ever entertained or had that he tried to execute. This same 
Sumner preached like a genuine fanatic ; he took his text from the 
gospel of the Constitution of the United States, of course just so much 
as suited him, that all men are created equal, but at the same time he 
insults the honor, right and feelings of millions of his countrymen, 
which itself is oppression and tyranny. Johnson was sincere, but 
rose as an enemy against the party that elevated him to honors, and he 
was ungrateful, which created distrust and opposition, and brought 
the country into the greatest disorders. Schurz, our countryman, 
conceived the question in a statesmanlike manner, but through party 
malice, he had to succumb, and was paid with ingratitude by those 
whom he benefitted. The burning flames of party passion, engendered 
after the close of the war, have been extinguished, but only through 
the lapse of time; but the embers are still burning, spreading forth 
occasionally here and there a burning, but harmless spark. 

The Southern man. if he wants to accomplish anything, must by 
all means adjust himself to the spirit of the times. I would not make 
the least suggestion which might work an injury against him. It 
cannot be expected that we Germans go to him, but he must approach 
us; just as he has acted formerly, when he took our part and defeated 
the Know Nothing party. He remains then true to his traditions, and 
is and remains thereby a democrat through and through. He can rest 
assured that we will not leave him to his fate, but we will help him 
fight and win his battles, and we will assist him to bring this land in 
such a prosperous condition as he had never known before, not even 
in the period of its greatest glory. The Southern man must not be 



—11— 

for himself and to himself; he must have a kind word fov everybod3% 
especially to strangers; he must make party with the working class, 
for their interests are his interests, and through this he notonlv will 
restore the glory of his ancestors but he will thereby have an excellent 
opportunity to take a noble revenge. 

Another evil how laws are being enacted, is that our legislation (I 
refer to our own State) is exclusively in the hands of attorneys, in- 
stead that the people themselves should take a more active part. Be 
it understood, for nothing in the world would I say anything against 
the legal profession (for heaven be praised, or fate be accused, I do 
not know which) I belong to the fraternity myself. To create laws 
that they cause no pressure in no direction ; to bring the State laws 
in harmony as much as possible with those of other 
States ; laws which foster commerce and industry ; a just levy 
and just distribution in assessing taxes ; laws which insure liberty and 
at the same time not to forget that too much liberty is no liberty ; 
such a legislation is a great science. But to expound the laws, to ex- 
plain them, how they relate and comport with other rights and 
equities, is rather an art, though in very many respects it is and 
resembles a science, which cannot be denied to our gentlemen lawyers. 
Do you wish to know how certain laws affect the prosperity of the 
country? Then ask the merchant, the laborer, the artizan, 
the mechanic, the manufacturer and his laboring strength, 
the farmer, etc., and you will much sooner be enabled 
to ai-rive at a much better and more satisfactory solution. The 
people should apply themselves more directly to legislation itself; they 
should use more their own judgment and should not wait to listen to 
a politician for instructions until he explains them. And almost every 
one can saj'^ with the old shephard, in the well known poem, who 
disguised as a bishop answered so fitly for the latter to the emperor ; but 
on being threatened with severe punishment if he falsely answered 
the third question, gave up his disguise saying, "Though I do not know 
anything about Latin crumps, I know any how to get the dog out of 
the hole, (it is a German proverb, and is set in the poem in rhyme, the 
translation is free). And the Germans in particular, in view of their 
extended knowledge, cosmopolitan views, great experience in the in- 
dustries, skill in the arts, and being gifted with a large amount of 
discretion, would be specially fit and capable to bring on many inno- 
vations, and to exercise a beneficent influence in many directions. 

Having finished this subject I will now begin to examine several 
laws, their nature and bearing, and first of all will notice the protec- 
tive tarifi", whose baneful consequence affect the whole continent and 
invade almost all classes and casts of society. This tariff, if I am not 
mistaken, was principally created to reconcile the different party 
factions ; perhaps to silence the abolitionists, whose politics might have 
been considered as a pretext ; or the Southern man, in his mood of 
liberality, in consequence of having such great wealth to dispose of, or 
perhaps out of pity or good will to let the inliabitants of the barren 
States of New England gain also more wealth, suffered himself to be 
taxed in this mannei*. What at one time was given out of magnamity 
is now considered with a brazen impudence, a duty. And the adA'^o- 
cates of the high tariff if an> one doubts the genuineness of their 
doctrines, consider it to commit high treason on the country. The 
poor laborer living in want and poverty is subjected to great pangs 
and fears, as he is told and made to believe, that the English, if it 



—12— 

were not foi* the high tarifl; would soon come over and over-run 
America with their goods and fabrics, that American honor and pride 
would be humbled and crushed ; that their wives and children, though 
not living in luxuries, had enough to live on ; that our state of affairs 
though not exactly brilliant, would be nothing if compared to the scenes 
that were awaiting them, when Avant and hunger would stare them and 
theirs in their faces; that the glorious Union with the great past 
behind, and the great future before them, would soon resemble one 
huge wilderness, if thej' allowed themselves to be swayed away with 
contrary opinions from those they held. What such reasoning cannot 
accomplish the capital does, to control the influence of the press, and 
the paid eloquence of politicians who, by the way, have their fox-eyes 
turned to the rich offices ; and it is immaterial to what party they belong 
to. And how deeply works this sophistry, for the unaware can easily 
satisfy his mind by" reasoning thus: What all "honest, upright and 
smart men" of both parties can agree upon must eventually be the 
truth ; and how deeply have not struck the roots in the minds of the 
people ? It is terrible to contemplate. In no other State of the Union 
is the national animosity and hatred against England so much fed 
and stirred up as in the New England States. With what delight 
do not these people imagine themselves back in the times of the revo- 
lution, and with what zest and self satisfaction do they recount those 
deeds which may best arouse the hellish spectres of revenge and 
retribution. For what ends then to entertain such thoughts of malice ? 
Victory remained on this side. The war ended gloriously forthe States, 
and England had to withdraw, conquered. Out of the colonies sprang 
up. Phoenix like, a giant nation, and what greater satisfaction could a 
people have? On the place of the self-willed George the Third 
governs now a strictly constitutional government; and neither the 
English people nor government, would under no circumstances approve 
to-day their former government's policy towards the colonies, a fact 
which is plainly shown by the amicable relations existing between 
all English colonies and their mother country. On the other hand 
the New Englanders i-etain the warmest affection for old England, to 
judge fi'om the love and veneration they bear to its thinkers and 
philosophers, their boast of the Magna Charta and the other charters 
of liberty and from the interest they take in all questions which 
spring up and are being agitated there. Under ordinary circum- 
stances a '■'• TGGonciUation^'' (??) could have taken place long ago, if it 
had not been for the purpose to throw sand into the eyes of the people 
and in order to keep up so much the better and easier the high tariff. 
Another great danger which we are in is caused by the troubles and 
agitations between the English and Irish on the continent. The Irish 
in this country cheerfully adopt the views of the protectionists and in 
their rage and excitement are desperate to set the knife on their own 
throats to end their own lives, if onl}^ thej"^ could inflict thereby a 
harmless scratch on the English. They think that the only hope for 
Ireland can come from the United States, and their every instinct tells 
them "to help to build up the country," and to me it seems, the,y are a 
unit on that queston. 

Let us illustrate the workings of the protective tariff a little more 
practically. Before going further I must make a halt to show how 
these same protictionists gained probably double. It will be 
remembered that during the war, bonds were issued by our gov- 
ernment, of which the interest were payable in gold, which bonds, in 



—13— 

consequence of the low state of the currency, could be had cheap, if 
we take gold as the standard, as being dear; or in other words, these 
bonds were in value with the times. Andrew Johnson, whom I heard 
in a speech, said that the average interests on these bonds were 18 
per cent, per annum, on their original value. Then I belitve these 
bonds were not taxed, which was not the case with property and 
other occupations ; then these bonds were to be redeemed in gold at 
what would be a profit of 100 per cent, or more. And it is very 
probable that these same men defended and advocated the high tariff 
system, and always got through what they wanted. To judge justly : 
the people sacrificed life and fought for principle ; the capitalist lent 
his money, gets a big interest and profit, which the people have to pav 
for; 18 per cent, annual interest and 100 cents on the dollar, what 
cost originally 50 cents and less in value ; and it may be stated 
that many goods, when these bonds were issued, were five times as 
high as they are now, or in other words the farmer or producer 
would have to give three or five times more in quantity or in value 
now, than the bonds were worth at that time. How manv millions 
and billions have not these usury kings pocketed ? It is not too 
difficult to compute. 

To our tariff: To my sorrow I lack statistical reports and other 
works, which on account of the brevity of time and some other pecu- 
liarities of a local natui'e, which surpasses anything and everything 
the most fiery imagination could dream of, and which I only partially 
comprehend. I am therefore constrained to rely principally on my 
own estimation, and should it be ever so defective, the effects would 
nevertheless be the same. What amount the annual importations are, 
I know not ; but so much I believe I do know : that any importer who 
has not some kind of a secret arrangement with the custom-house 
officials, cannot carry on well the importation business. To compre- 
hend the situation better, let us name a few seaport cities, such as 
New York, Philadelphia, Boston, Baltimore, Charleston, Savannah. 
San Francisco, and many other places ; besides, let us consider the 
great extended coast, which cannot be realized with the bare mind ; 
and in view of this fact, would an estimate of twenty-five million 
dollars' worth of goods (it might just as well be double or more) 
which are brought annually into the American market, and which in 
consequence of the venality of the officials or the dexterity of smug- 
glers, can be sold at a much lower price, than goods on which the full 
amount of dutj^ is to be paid, be too high? I think not. Here then 
is an unjust pressure of the greatest magnitude Again. all importers 
are not "paying" alike (a genial expression) the same "ratio," which 
also causes a fluctuation. These importers, however, can always save 
themselves ; but the position of the merchant becomes a very precari- 
ous one. By the way, the same theory may be applied on spirituous 
liquors, tobacco and cigars, home production and manufactui'e, 
on which very high inland duties are paid ; and considering 
that officials are about of the same calibre when they collect customs 
and duties, we may assume that the commerce in these great staples is 
also greatly afflicted, and in the same manner. To return to our 
theme: importation. How does the theory comport with our indus- 
try ? The manufacturer is forced to withstand a very strong compe- 
tition. The missiles come from all sides, and a positive calculation is out 
of question. He is therefore obliged to reduce the wages of the 
working man to a minimum, and to prolong the work hours as much 



—14— 

as he can. Could these duties be collected honestly, probably the 
roughest part of the chaos could be avoided, but such a thing seems 
to be an utter impossibility under our present system of politics. If 
the taiTiff were lower, of course the dangers would be nar- 
rowed down. There is also a great demand for foreign goods, such as 
articles of luxury, Avhich are worked very tasty and artistically, and 
against which we cannot compete. To stem the tide of foreign goods, 
for the apparent benefit of the people of the United States, our pro- 
tectionists want a high tariff", which they contend is for the interests 
of the woi'kmen, manufacturer and merchant, and for the glory of the 
country. Of course the current is checked, but the chaos on the other 
side remains, viz: the workman is pressed from the manufacturer; 
the manufacturer is pressed from foreign goods being smuggled here, 
or goods on which full duty is not paid ; the merchant suffers likewise, 
and the glory of the country is by no means advanced. On the whole it 
seems to me to be one of the most damnable and hellish tricks that was 
ever played on the American people. Another loss is, that many 
enterprises are left neglected, which otherwise would be brought to 
life, if it were not for the great costs and outlays, caused through the 
high tariff, and which makes the prospect of a gain or dividend too 
uncertain, which not alone works a pressure on the working class, but 
leaves many a field unexplored, to the loss of the country at large. 

Also a wrong idea in favor of keeping up a high tariff" is entertained 
by the merchant, from two grounds : 

1st. By having large supplies of goods on hand,, which they have 
to keep, and fearing as they do, a great decline, may jeopardize their 
standing and credit, and of those merchants they are in business con- 
nection with. This fear, however, it may be remarked, is rather 
imaginary, it would sooner be equalized than perhaps they have an 
idea of themselves ; but the evils as they are now existing, are much 
more dangerous and real than that decline which they dread. 

2d. From falsely misconceived economical principles, which 
happily do not require a great understanding in order to be compre- 
hended. By far the' greatest number of merchants are of the opinion 
that through high prices (by what cause they are produced,seems to be 
immaterial) a greater profit could be realized,and that it would belbetter 
for the country at large. This doctrine is altogther false according to 
all and every arithmetical and logical reasoning, and can be denied 
and proven to be so, without many difficulties, viz : The smaller the 
amount, to make a certain gain, the greater is the percentage or profit. 
For the consumer remains then a surplus in his pocket, with which 
he can buy for and indulge in greater comforts and luxuries, and the 
consumption and the demand for better and improved quantities will 
be increased. A failure of the crops in one season could not bring the 
State on the brink of perdition. The merchant would be the better 
able to keep up his credit, and a greater firmness and stability as well 
as in the expansion of trade, as also a higher state of civilization and 
prosperity would thereby be accomplished. Let us contemplate the 
condition of affairs in our own State a little more closely. An in- 
dustrj^ strictly speaking, we possess not. Art is not in demand, and 
if it is, only so much as belongs to the " hon ton,'''' and for that what 
is wanted, only medium prices are paid for. I'eople have desire and 
taste only for ordinary and every day things. From the workman and 
we demand a great deal ; need be less fine and artistic but the 
much more of it. Quantity must make up what quality lacks. In 



—15— 

the Eastern States they manufacture specially for our consumption, as 
species of cloths and wear, shoes, boots, arms, implements of all kinds, 
eatables, spirituous drinks and liquors and too many other things too 
numerous to mention. Most of these articles are of such a kind and 
are being sent to Texas, or any Southern State, about in the same 
manner, as we perhaps would dispose of them to the Indians. We 
sell these goods to our rural population, workingmen and all classes 
of people, retaining, however, for ourselves our own true and better 
opinion ; which practically can only be our worst opinion. And the 
money goes by millions into the pockets of Eastern capitalists and 
manufacturers. The implements we cultivate the ground with, the 
plow, the spade, the hoe, the hammer, the saw, the knife, 
the axe with which the pioneer fells the tree of the wilderness 
making the ground fertile to civilization ; the stove we cook 
our meals on ; medicines wherewith we try to cure or keep off diseases, 
especially can that be said of the farmer and laborer who are ex- 
posed to the deadly miasma of the swamps, and to the parching rays 
of a tropical summer sun. All these and many, many more articles 
are protected through the high tariff. 

Let us examine the theory with figures: Supposing a farmer spends 
annually $500 in support of himself and family, also for implements, 
utensils and improvements he might make on his farm or property. 
I have an idea that the average expeditnure of a family is much 
more than that. However, we pass on. I will furthermore assume 
that the average of the tariff is 33 per cent. ; which makes a sum of 
$165, or thereabout. Well, then, would not $25 be enough ? Say $40, 
$50, say $60, but $165 for a single man, for a farmer, who has to work 
in the sweat of his brow, to pay for this pseudo patriotism, as the 
Grerman proverb says, "beats even the bean song." Not alone that it 
affects the farmer, but every one of us. After a superficial estimate 
of mine, the inhabitants of this State may expend annually $100,000,- 
000 in all kinds of goods which is enhanced by the high tariff say 
$25,000,000 only. Should ray figures be very defective in one direction 
they will be balanced in another ; but on the whole I con- 
sider them to be very moderate and rather less than more. Take this 
sum, $25,000,000 annually, for ten years, calculate the interest and the 
compound interest ; extend it to all the Southern States, and to the 
Western States, and what shocking propotions does this evil not as- 
sume? Is it a wonder that we are wretchedly poor? Is it a wonder 
that we live in troubles and misery? And would it not be high time 
to arrest this evil that sucks the very marrow from our bones and 
threatens our very existence? 

We also have heard a great deal of creating an infusion of money, 
through which means, everybody would get money in his pocket. 
But the monej^ thus created only aids certain classes, as capitalists 
and speculators, who, when a crash comes, can always save themselves 
with "glory," and all the misfortunes and the miseries fall on the peo- 
ple. But by a great reduction, or by a suspension of the tariff, a 
natural infusion would set in, by which everyone could be enabled to 
retain a surplus in his pocket — but not by an infusion. 

There is also a great evil in our own midst, which will assume just 
such gigantic proportions as in the East. This class of people will 
soon play the "lords paramount." Tariff is the lord superior or king, 
whom we all must do homage to, I refer to the sheep-men and wool- 
raisers, who also are clamoring for protection. If I am not mistaken, 



—16— 

tlie dutv on cloth is sixtv per cent, or more. As I understand, this 
business is connected with very little cost and labor, and with com- 
paratively no risk, while almost every other occupation is more liable 
to the dangers of risk. Shall I make an estimate of this risk and 
labor in comparison to other occupations in tigures? and perhaps one- 
third would not be too much. I am further informed that they are 
making a net gain annually of one hundred per cent, on stock and 
wool. Capital of $50,000 will accumulate in one year to $100,000; 
of course this keeps up in geometrical progression. I have nothing 
to sav because a certain class of people are making a big profit. I be- 
lieve* with them, that "business is business," provided they shift for 
themselves, and would not ask for protection, and that a net gain of 
seventj'-five per cent, or even less on their capital invested Avould be 
plenty. The next thing in order is, that in all likelihood, there will 
soon "spring up another craft, then another, and then another, and 
soon; and each one is clamorous to elevate the spirit of patriot- 
ism and the glory of the country, and will join in the chorus "Hallelu- 
jah, Amen," to the well known tune, "This is the best government the 
world ever saw," and each one wants a tariff, the higher, the more 
glory for the country, of course, and so it goes on. One thing is cer- 
tain, the farmer receives no protection through a tariff on his products, 
but he is governed by the market prices of the world. Another great 
truth is, that most articles of our food are much cheaper here than 
in Europe, which is only too evident from our vast exportations in 
that line, which forms another very strong ground for the reduction 
and perhaps entire absolution of the tariff; because we are then better 
enabled to feed our workingmen cheaper than it could be done in 
Europe, and the farmer could also be enabled to dispose of his pro- 
ducts for less ; therefore all evils which are feared, all interruptions 
which are so much dreaded, could be sooner overhauled than the most 
sanguine could expect. Very soon we would be in a position to com- 
pete with European art and taste, and the amount realized for our ex- 
ports of sugar and cotton and other products would come back to us 
in good and solid specie. 

The evil, as it is, increases daily; the rich become richer, and the 
poor, poorer; so increases misery and oppression ; so the prostitution 
of woman ! The philanthropist may well ponder and grieve of such 
a state of affairs, in one of the grandest countries of the world, with 
an intelligent population, characterized for honor, honesty and in- 
tegrity. 

A glance to other countries! Look to the condition of the working 
man in France. There he receives high wages, his art is remunerated ; 
time for labor is humane ; he lives well ; he drinks his wine at table ; 
attends the di-ama and the show, and is the happiest man in the world. 
Also the workingmen of England are happy and contented. Germany, 
to my sorrow and regret, becomes also poorer every day, undoubtedly 
caused by a perverted finance policy of her statesmen. 

Our politicians, manufacturers, capitalists, bankers, stock-owners, 
all of them can look on in complacency. They are for the most part 
firreat lights in their respective churches, are elders of the church, teach 
Sunday-school, lead the singing in the church-choirs, join temper- 
ance societies, preach and teach how sweet It is to suffer, that all is 
perishable, and promise great rewards in the next world to come. 
And, in the language of a friend of mine, it could be asked, 
"how can they promise anything which they themselves do 




-17— 

not possess?" But they themselves live on luxuries and extrav- 
agances, and when Thanksgivings day comes, they praise 
the Supreme Ruler "tor the bountiful mercies vouchsafed," 
while thousands and thousands of their fellow beings are 
lauguishing in poverty and misery. Most, the communist champion, 
and the much abused "fanatic" is by no means so crazy as the Ameri- 
can press gives him out to be; for no prophet has ever told a greater 
truth than he when he says that the condition of the workingmea of 
this country was a more precarious one than that of the workingmen 
in Europe, and that those of the United States were completely the 
slaves of the money kings. Be this as it ma3% the tariff men, with a 
sarcastical, sophistical and unheard of lying impudence, assert that all 
misfortune, all misery and oppression, comes from drinking and tasting 
a glass of wine or beer ; and with fletched teeth, savage eyes, grin- 
ning features and foaming mouth, are yelling and shouting, "Rum ! 
rum !" as their battle cry, and they declare us war to the knife I 

However, I will hope that their reign, if it can be called such, has 
been the longest, and that their nefarious doings will soon be made an 
end of, and at not a very distant time too. Of course we will not act 
as Most, the communist apostle says, but we will leave them their 
booty. And we Germans will do our duty as freemen and not as 
bondmen. 

I am of the humble opinion that with a strong reduction and per- 
haps an entire abolition of the high tariff", that the condition of the 
whole country will be a better one ; and instead of being a people 
pressed down with cares, we would be happy and contented, and that 
the virtues of the American home, known for its hospitality, peace and 
good will, will rest on a firmer foundation than ever. And as far as 
our own State, Texas, is concerned, instead, as is foolishly asserted 
and widely believed, that we are surrounded by tigers, lions, leopards, 
crocodiles, rattlesnakes, huge boa-constrictors, hyenas, bears, wolves, 
etc., or that the wild cow-boys and savage murderers are standing on 
every cross-road threatening with pistol and knife to take the life of 
every traveler ; all such foolish, nonsensical talk would soon cease 
itself, and our State would soon be regarded as the grandest, most 
fertile and prosperous of all the States in the Union. So much for the 
protective tariff". 

We will now treat on our homestead law. It comes from Mexico. 
Whether it originates from Spain I doubt very much; because the 
whole Latin race accepted the Roman civil law, as their fundamental 
law. And so much is certain that the proceeding against the 
defaulting debtor according to the tenor of the twelve tables, and the 
code Justinian, was a most cruel one. Also the Germans accepted the 
Roman Pandects; aside from this they (the Germans) from the re- 
motest time of antiquity have been very punctuous and scrupulous to 
meet their obligations. With the same tidelity and faith they served 
as soldiers in the army, or obeyed their superiors, temporal or spiritual, 
as well as all their doings indicated, wliich is strongly expressed by 
the popular proverb, which every one of us have heard thousands of 
times already : 

"A man, a word." 

In England we find the same strict proceeding; it is incorporated 

in the common law, known under the name "distress;" and very high 

authorities ascribe the cause of England's wealth to this measure. It 

comes then from Mexico. It is an exotic plant. When Texas was 



—18— 

wrested from Mexico, we found it domiciled here, and it soon found 
its wav rapidly all over the Southern States ; and the Southern man, 
true to his nature, to be the much better secluded to himself, also 
thinking that the interest of his country would be the much belter 
secured, or most probably, to use a childish revenge against the in- 
habitants of the Northern States; also out of sympathy, coupled with 
a spirit of chivalry, that they should not come and take away and 
deprive the widow, the helpless old man and the orphan of their home 
and shelter, is fire and flame for this new-fangled idea. And I may 
make a suggestion here; had the same law originated in any of the 
New England States, it is probable that our Southern man would 
have scornfully rejected it as a " Yankee trick." How utterly false is 
the theory of this law and how injuriously has it not worked? 
First, millions and millions of dollars are taken away annually from 
the channels of trade, as all real estate could be used as flowing 
capital. Nine cases out of ten sharpers are taking advantage of this 
law, self evidently to the detriment of the creditors ; and for those 
whom it is destined to be as a protection, receive comparatively little 
or no benefit ; and Goethe's words from his " Faust" " se^ise becomes 
nonsense and charity a curse'' might find a fit application. You may 
firmly believe it, that no merchant or capitalist would sell forcibly the 
house of a widow or orphan, public opinion would act so strongly 
against him that he could do no more business in the whole com- 
munity. But this is rather an extreme view, for the merchants as a 
class are the most liberal and generous of all. When a misfortune 
befalls any part of the country. North or South, they give most 
cheerfully and liberally to alleviate the sufterings. And should a 
creditor want to go to the extreme, which I think does not occur, it is 
strictly speaking a right, a just right and an inherent right. It is his 
property and it does not belong to the debtor. If a line is to be drawn 
it must be drawn in his favor. And if there are people with sym- 
pathy, they should pay the debt. " Fiatjustitiar The millennium 
has not come yet, when the lion and the lamb Avalk together. This is 
a world of facts and figui-es, and if one should have sympathy for 
everything that comes along our path, there would be no en'd. 
"Charity begins at home" many will say. True enough, but it must 
not come from another man's goods and propert3% as it was under- 
stood and contracted for, that payment should be made. In all cases 
the debtor has always friends, relations or other means which Avould 
enable him to pay his honest debts, instead of leaving a hundred 
doors open for rascality and dishonesty. 

The consequences are: The State suffers on credit; the merchant is 
in a state of suspense on account of losses, which he counts with cer- 
tainty on. The shrewd merchant counts his risks ratably: on the 
homestead law, failure of the crops, and other incidental mishaps 
which are liable to fall on the debtor. He is therefore obliged, in or- 
der to save himself, to make up for these expected losses by charging 
a higher profit on all his sales, cash or credit ; the guilty with the 
innocent, therefore, must suffer alike. And we Germans, honesty for 
our watchword, have, as a class, to suffer most. I would by no means 
say others are not honest ; but what I fear of them is "not the mouse, 
but the hole." 

The merchant by his adhesion to the high tariff, wrongs the farmer 
and workman, and these in return cling to the homestead law as a sort 
of retracting agent ; and who, might be asked, makes the most of it? 




-19— 

The same sickly sjMnpathy underlies this law, as is evidenced by 
many other questions or customs. For example : the greatest mur- 
derer or criminal, fit for the gallows, by machinations is set free, be- 
cause he is otherwise a "gentleman," or he "stands well," or on account 
of ''family connections," or "he did not mean to do it." It is the same 
sickly sentiment which causes "men" with a silly baby talk to address 
sensible wo.a.ni; or, if the latter are less steadfast in character, that 
we are trying to mike mere doll babies out of them, and, of course, 
to their great injury. It is the same moral nonsense that the mere 
taste of a glass of beer or wine will lead to perdition ; or, that if a 
person does not share certain religious sentiments, that he is given up 
to eternal punishment. All such talk and reasoning should by no 
means influence a man of sense. And this homestead law, we ought 
to make short work with, if we want to count on the prosperity of the 
future, and if we want to stand before the world as men. 

Two other questions I now wish to make mention of, and that 
superficially, because fearing as I do,my speech might be too extended. 
The one is an improvement and a change in the jury system, after the 
mode and manner it is in use in French and German courts. It would 
be specially adaptable for the peculiar wants and requirements of this 
country and people. It would give greater satisfaction as to justice; 
would lessen the costs, and the great protraction of suits would be 
greatly obviated. But to my regret, I am compelled to state that our 
attorneys are the greatest impediment, who oppose any change because 
and only because they cling with too much tenacitj' on the teachings 
of Blacifstone ; and became on account of his great renown and merits 
as a jurist, and as an incomparable commentator. But this is no rea- 
son why he should be infallible; and besides, he wrote over one hun- 
dred years ago, and then for the peculiar wants of the English, and 
which system may be very well suited for them to-day. Blackstone 
may be right that among an unlettered people the English jury system 
is to be preferred to the Roman, with their voluminous writings and 
reports, and on account of the venality of courts and judges; espe- 
cially,when all the jurj'men and the whole "neighborhood" are all hon- 
orable, straightforward people, as with the Anglo-Saxons, which, as 
far as we know, was not the case in Rome. There, honor and integ- 
rity, and all the learning, was confined to the aristocracy ; and it may 
be said of them that the sanctity of home and family was, in the 
earlier times, of the strictest moral character, and that corruption set 
in with the loose morality of the succeeding times. 

In the United States, the jury system is rather an artistic manipula- 
tion, and seems to be more of a business. In England the law of 
evidence was not known, or very little, because when a witness ap- 
peared, twelve compurgators had to appear, testifying to his be- 
lief. This is a jury in itself Besides, equity was not known 
then in England ; not to the courts, still less to juries. And equity 
forms now a most important part in our courts, for which jurists are 
better able to decide than jurors, in all instances, as well as on the laws 
of evidence. Blackstone is the great eulogist of English institu- 
tions, the common law, the English race and worship, almost every- 
thing that savors of English. To mv humble understanding, he de- 
fends and advocates many a dark side, especially when it pertains to 
history, and falls into an error when he brings other countries in com- 
parison with the jury system of England. He maintains, namely, 
that England's greatness, or the preservation of the English, is solely 



—20- 

due to the jury system, and intimates strongly that other nations who 
did not know or use it, were either left behind or became extinguished 
for the want of it. This may be rebutted by many instances : Rome 
grew up to be the greatest power of the world without it, and has not 
succumbed through the want of it. Greece climbed up the ladder of 
fame and immortality, which causes the wonder and admiration of 
the world, without the jurj' system ; they vanquished the immense 
number of the Persian host, which deed has no equal in history, with- 
out having this jury system in use; and the Grecians have also not 
succumbed through the want of it. Germany, at the end of the 
thirty years' war, was a huge desert ; the want of the law did not 
reduce it to such a state, and neither is the present state of affairs due 
to the system. France became also great without that law. The 
Netherlanders defended themselves like lions for forty years against 
the giant power of Spain, without having in use the same law. So 
has Switzerland kept itself up; so the Jews as a religious nation. 
The honest and just sense alone of the Anglo-Saxon race kept the 
English up ; also the natural barriers, protected her from great inva- 
sions, which was not the case with the Romans, Carthaginians, Greeks, 
Germans, French and others. English history records thousands of 
examples of oppression, cruelties, persecution, bloodshed, oppression 
by the courts, and tyrannical acts through their monarchs, revolutions, 
etc. The jury system did not restore peace ; but order had to be 
restored first, and then the jury system was again reinstituted. As 
remarked, the jury law may be well in England to-day, but in the 
United States as it is works evil ; it is an ulcer which ought to be cut out, 
and that with burning, fiery tongs, if necessary. And if our attor- 
neys cling to it because Blackstone defends it so warmly, and because 
it is of such a venerable age, they fall into a gi-ave error. In what 
manner the jury system should receive changes, and in what particu- 
lar cases it should find application, belongs to the branch of jurispru- 
dence, which the occasion would not allow to treat on. But one thing 
I will mention, that the advantages which would be derived there- 
from, would be of incalculable benefit. 

The other proposition which I desire to name is, to organize a 
commission of immigration, consisting of several of our German 
citizens to devise ways and means to further the projects, and that to 
this end it should enter into communication with certain officials of 
our State government, and I have not the least doubt that such an 
undertaking would be received and met with a most agreeable recep- 
tion and in all likelihood would perhaps receive material and 
substantial aid. 

I will now touch upon the prohibition law, and if we do not sharpen 
all our wits, it is possible that we might be defeated. And what a dis- 
grace that would be for us! First of all I desire to make a few 
remarks in regard to our own character and traits, because we are 
altogether misjudged, and especially the Americans, as a class, enter- 
tain the queerest ideas of us. We possess the most contrar)^ and 
varied qualities than perhaps any other people on the face of the 
earth. The ancient Germans were especially known for it. Tacitus 
makes mention of it; so Blackstone describing the Saxons, and many 
other writers besides agree upon it,and which peculiarities can be traced 
to this day. With us is found the greatest self-abnegation, veneration 
of God and religion, at the side of the most abstract atheism ; the 
purest virtue at the side of the greatest vice and crime ; the deep 



—21— 

seriousness and earnestness at the side of gayety and humor, as is 
best marked out in the tribal character of the Suabians, Austrians 
and Low Germans, who for inherent wit are unequalled by any nation. 
The character is also specially marked out individually : the noble- 
man, the student, the soldier, the mechanic, the farmer, the every day 
laborer, the officer, the merchant, even every profession, the province 
he comes from, not to say anything from the dialect, which changes al- 
most every twenty miles; every one you can almost 
detect instantly on his address, manners or movements, 
which cannot be done with the American, who to-day may be a 
merchant, to-morrow a soldier, then a farmer and you would not be 
able to detect anything on the surface. Extremes go with us hand in 
hand; light and shadt walk together. The German clergyman is not 
afraid to drink beer or wine on public occasions, or in certain public 
localities, while the Puritan doctor of divinity would fall in convul- 
sions at such an idea. The Germans before 70 were considered by 
the French as a people of musicians and singers, whom they could 
easily whip out of the field. True enough, the Germans did sing, 
namely, *' the Watch on the Rhine," and other stirring songs, and to 
such a degree that the sounds re-echoed throughout all France. And 
Heine's words come to their full value when he says that the habits 
of the Hottentots, if they should daily turn somersanlts is as 
natural to them, as we drink beer ; or when a certain professor 
(whose name I believe he mentions) when he lectures every day or 
occasionally, on a certain subject. And this great truth ought to 
guide us, when we judge the Americans, and wherein we ourselves 
fall into the gi'eatest errors, to our own injury and disadvantage. 

To our text : If we put up a certain proposition, it at same time may 
contain the negative or the opposite. In party questions the latter is 
generally the rule. If, for example, the temperance apostles advance 
the proposition that the consumption of alcoholic drink is the origin 
of all evil, it includes the idea, that they are pure and innocent lambs, 
tint they represent virtue and uprightness in, a superior degree 
that we are cursed with the greatest vices and crimes, that we stand 
in compact with the devil and that we are bringing untold misery 
into the midst of the inhabitants of this country. That such views 
are not alone altogether false, but are the greatest insults that could 
be offered to us, and we hurl them back, with indignation, to 
the source they come from. We, on the contrary, allege with posi- 
tiveness, we detest drunkenness and abhor the vice. Here then, before 
we proceed further, we must come to an understanding. We must 
make distinction between drinking and the " mania of drinking." 
(Trinksucht). The moderate drinking which intelligent gentlemen 
and ladies may indulge in, and who could^not be reproached of doing 
a moral wrong. Or su^pposing two business men are about closing up 
a trade, or they want to establish a greater degree of friendship be- 
tween them, and they take a drink together to seal it up as it were. 
Now our temperance man comes along with his great speech, swinging 
his umbrella over our two friends heads,telling them to stop,that liquor 
is poison, that it leads to the prison, to the insane assylum, to stop I to 
stop! to stop! What would our two business say ? I leave it to the 
imagination of everybody. If our temperance friend wants to stop 
the mania, the drunkenness, well enough, we grasp hands, and by the 
heavens it shall be done! Now, dear "brother," we are getting a 
little nearer related — let us see what we can agree on and on what we 



—22— 

cannot. We can agree on abolishing drunkenness, or on that portion 
which works a hurt or an injury; and we can also agree that virtue 
and morality shall be preserved. About the ends we are a unit, but not 
on the means to accomplish it. Can it be prohibited by absolute leg- 
islation ? Not alone that the individual is thereby deprived of his 
personal liberty, which is against the spirit and laws of the 
country; but practical experience proves it to be a failure. In the 
State of Maine, where is total prohibition, according to their tax list, 
there is as much spirituous liquors consumed as in auj' other State in 
proportion to population, but under an additional heading " for 
medical purposes ;" not to say anything of the secret boxes, said to 
contain oil or other fluids, which undoubtedly are shipped there from 
the States. A man does not permit himself to be forbidden to drink 
liquor when hechoses to, for there are plenty of means to evade it. 
On the contrar3' there will be much more demand for it, as forbid- 
den fruit tastes better. Should (to our greatest regret) this law 
nevertheless find introduction here, we can accept it as a certainty 
that all the property will at least decline one-fourth in value, which 
loss will amount to millions. Immigration will of course cease, be- 
cause the immigrants would not want to be tyranized with such a 
nonsense, and a stampede of people leaving our State will follow. It 
would also incommodate largely our negro element, who form a con- 
siderable portion of our community. They are contented for their 
food, with corn bread, ham, greens and whisky, these are the most 
substantial portions of their eating, and whisky is the most all- 
important. Will our temperance man replace the whisky through 
other drinks and eatables? Perhaps chocolate de Paris, which gives 
a great deal of strength; or buillon de France, or sauce de pomme de 
terre, or perhaps through food the substance which gives great 
strength, as boeuf de jardinier, bouef a la mode. Hamburger steak 
with eggs, maccaronies, etc., etc. Not alone that our negroes 
would reject such eating with horror, but they want their corn 
bread and whisky. Therefore if immigration is impeded, and if many 
people will leave the State, and if our negroes are interrupted in their 
mode of living, which will also interfere with this labor; and if in 
consequence property declines in value, and labor is interfered with, 
then according to all economical and statistical experiences,an increase 
of poverty will set in, and vice and crimes, which the temperance 
man wants to prevent, will increase. Another fine idea our temper- 
ance advocate treats us with, is, that all alcoholic spirits contain large 
quantities of poison. It may be true, for I have not investigated the 
matter and I understand nothing of chemistrj. But supposing it 
does contain poison, who is to blame? Our temperance man of 
course! Because he causes too great a tax to be levied thereon ; and 
competition being too great, and in consequence of the venality of the 
collecting officers by which the trade itself is affected, of which I 
made allusion to before, many who are engaged in the trade resort to 
art and science, because it is much cheaper, they are making inde- 
pendent fortunes, and can so much the better stand competition. And 
what power may not these whisky kings or rings have ? Heaven only 
knows ; we do not. To my mind it seems there exist a great con- 
spiracy composed of importers, capitalists, railroad men, whisky men, 
manufacturers, merchants, ill-advised laborers, government officials, 
temperance fools, pi'eachers, and others; all, all combining for the 
wholesale robbery of the country. 



—23— 

If taxes were lower, we would have purex* liquors and particularly- 
better beer; the latter would contain more hops and barley. There 
would be a greater demand for the products and the duties would be 
made up in another direction, as the farmer would plant more ; and 
instead of getting a small glass of beer, on account of which many of 
us could shed bitter tears, we could get a " shoo fly" or a "schooner," 
better and richer beer and that for the same price. If we contend 
that we are paying so and so much tax to the country, we are show- 
ing our weakness. Not alone that liquors are not more pure, but it 
effects most seriously our working classes. It may be also said that 
before the war, when tax was low, we had purer liquors and that 
they did not contain that poison, that at that time nobody thought of 
prohibition and all that talk was unknown. It may be the high tax 
that is the cause. The many crimes supposed to be caused by means 
of alcoholic spirits I strongly contend emanate from other causes, as 
extreme poverty, desperation, hopelessness, degradation, ill-fated spec- 
ulations, disappointed love, jealousy, despair, shame, dissentions, conr 
tentious, etc., and because many people expect a partial relief by 
intoxication or to drown their misery or perhaps commit suicide, or 
take revenge on the person who caused an imaginaiy or real injury 
bj'^ taking his life or mutilating his body. And most people when 
they are about to commit these crimes, drink rather freely, partly to 
have more courage and to be more daring. Then there are men, who 
if they cannot have their own way in everything, or in particular 
things, seek contentions, imbibe liquor rather freely, because the law 
palliates the crime or shields the criminal from too severe a punish- 
ment. It is a favorite scheme of our jurists trying to define crime 
with hair splitting logic and classification and degree But if we 
execute the lawfully and thoroughly, and let the people, or jury, make 
the classification, and let the lawyers bother their heads with their logic, 
bring the evil doers to justice, and if such a criminal is conscious of 
this fact, such an one would remain sober, if he knew beforehand that 
drunkenness would not help or excuse. Liquor therefore is not the 
immediate cause ; the fact is that it has no bearing with any of the in- 
stances mentioned. Our temperance man also says that so and so many 
are languishing in prisons, must therefore come from the crimes com- 
mitted and not from liquor drinking ; and that so and so may be in 
the insane asylum, may be true. I contend there are many lunatics in pur 
midst who ought to be chained and handcuffed. From the good 
sides our friends do not seenl to want to know anything. Only a few 
examples will suflice. Through the planting of the grape vine a new 
branch of agricultural production is created, like in Missouri, Vir- 
ginia and most of the other States, and so in our own, which is 
yielding a very profitable income to those engaged in it. It may be 
further asked what harm can there be, if the laborer would drink his 
wine at his meals ? How many business transactions, ties of friend- 
ship are made secure almost every day. Statesmen have prevented 
many a calamitous war by just partaking of the hilirating spirits, 
and many a difficult problem which statesmanship could not adjust 
was solved thereby. Supposing beer and wine were wanting at the 
Maifest, what would we do? We would try to chant hymns, and as 
we are not in practice and most of us have forgotten this style of 
singing, it might cause misunderstanding. 

We would then turn our attention to the discussion of theological 
questions. Of course every one would defend his own religious views. 



—24- 

We would soon find out that we cannot comport ourselves much 
longel". One tries to overreach the other, and one wishes the other to 
be in a very lively place — . So things go from bad to worse. I stop ; it 
is too terrible even to think of it! Next comes the sheriff, with a 
posse comitatus intervening, takes us by the ears and puts us in jail- 
That would be a nice time, would it not ? But in the manner we are 
celebrating the feast now, every one enjoys himself, drinks his beer 
and wine, is happy and amuses himself, and everything else does not 
concern us. This is much nicer anyhow ; is it not ? True enough, I 
must not be blind to some evil consequences of alcoholic spirits. There 
is no rule without exceptions. But look to other fields — to railroads 
and steamships. How many accidents and how many lives are an- 
nually destroyed through them. Shall they therefore be abolished ? 
By no means, no I The gas we burn is dangerous, if not properly 
cared for. The match which we use to kindle fire with has poisonous 
phosphorus at its end, which is dangerous. The man who shaves 
his face with a razor, while in the act is in some sort of danger. One 
single match may cause|a whole city to be set on fire. Everything in this 
world must be regulated and cared for, else it dies in the incipiency, 
or that it may outgrow its limit. As Schiller says : 

Wohlthaetig ist "des Feuer's Macht, 
Wenn sie der Mensch bezaehmt^ bewacht. 

We may also add to it the passions of man ; theologians dread it 
with horror, and prescribe fetters and curses for it : but philosophy 
treats it as a moral power. Theology treats pleasure and mirth 
as the destroyers of virtue, modern views the contrary. There 
are also other causes which cause destruction of life, such as warfare, 
famine, epidemics, cyclones, inundations, wild animals, reptiles, etc. 
All we can say is, we must accept it. If we ask questions, we will be 
left. I do not assert that I am positively right in all ; but I do know 
that our pi'ohibitionist is altogether wrong. If an amelioration of 
human society and the preservation of virtue and morality is to be 
sought for, our prohibitionist must begin at the other end, which I 
have endeavored to indicate ; and if, after that, any room is left, we 
will take up the liquor question ; but I am afraid our friend will have 
very little room left so stand upon. 

Who ever has heard of prohibition? In no country, in no clime, at 
no time and no age, did ever anybody dream of such a thing. The 
greatest men, the greatest moralists have been drinking alcoholic spir- 
its, especially the juice of the grape. Where did it originate? In 
Maine, the State of Maine, way up, on the top of the United States ; 
from there then shall all salvation come. Oh ! wonderful and sublime ! 
I believe I pointed out where all the misery comes from ; it is to cover 
their own hypocrisy and crimes, and give us the blame. The South- 
ern people ought to raise en masse against it, and treat it as an out- 
right, contemptible "Yankee trick." And that is all what it is! 

However, with argument alone you cannot convince these people. 
With abuse, nothing either ; besides, it would be unbecoming. Self- 
evidently our music and song come in suspicion ; so our great masters 
of the art, whom we so much honor and venerate ; so our science and 
literature are becoming reduced in public estimation. How these 
people, with their immense stupidity and ignorance, defile and slander 
us ! But patience, we are not depraved in vice ; we have strong bodies 
and healthy minds, and we will fight them out of the field, if only we 



I 



—25— 

were cognizant of our strength and make avail of it in the proper 
manner, and victory will not be doubtful. And to strengthen us still 
more in the matter, 1 beg therefore to lay a proposition before j^ou, 
which, if properly carried out, would perhaps make the blows of 
our adversaries perfectly harmless, and would give us an additional 
weapon which we could use against the foe with a powerful force, 
and at the same time add greatly to our honor and satisfaction. And 
that is the establishing of a German High School for boys from the 
respective ages, from about the tenth to the sixteenth, after the model 
ofaGrerman "Realschule" or Gymnasium, in which the higher branches 
of academical sciences are taught. Then five or six very eflScient 
teachers or professors, specially ordered from Germany, shall be the 
instructors, and the whole to be under the supervision and control of 
a committee of German citizens, wholly disinterested, as far as 
pecuniary gain is concerned. After a superficial estimate of mine, 
such an institution could be supported by an attendance of from sixty 
to eighty pupils of German parents. Should the amount not sufiice, 
a small donation on the part of our citizens could supply the deficiency. 
But it is highly probable that the institution may become in a very 
short period perhaps more than self-sustaining, for our American 
population may send a considerable number ; and it is more than 
probable that the rural population, and the inhabitants of the larger 
cities and towns, would send a very large number. For many a Ger- 
man would be only too glad to give his son a thorough education, if 
occasion only would offer itself, instead that such a boy grow up more 
resembling in manners a cowboy or a wild rancher on our prairies. 
Then the respective parents of these children would have sufficient 
guarantee for their safety, as the management of the institution would 
be under well known and respected citizens, and not a private institu- 
tion ; and Galveston, with its harbor, oommex'ce, and other attractions, 
and on account of its locality, for Texas,not alone that is the place, but 
would also be much more preferable to an institution in any of the 
Western and Northern States. A young man with such an educa- 
tion can easily take up the contest with the world, and would be an 
host for himself and an acquisition to society. And the German song 
could resound as pure and undefiled on the plains of Texas, as well 
as in the valleys of the Rhine,the banks of the Danube, or in the Hartz 
mountains in our mother country. 

What I have said of our German men, could also be accomplished 
by our German ladies. As Schiller says; 

"Ehret die Frauen, 

Sie flechten und weben 
Himmliche Kraenze 

In's irdische Leben." 

We could press a similar weapon into their hands, namely, the 
establishing of a High School for young ladies, in which also the 
higher branches may be taught, and resting on the same basis, like the 
first named institution. With such two strongholds we could more 
accomplish than the greatest enthusiast could possibly expect, and 
could otherwise be accompanied with the best results. The principal 
thing we have to do first is to examine everything carefully and sift 
everything out in its minutest details, then push it through with a 
firm will and a determined purpose ; and it is all important to be care- 
ful that no laxation intervenes, as it would the greatest danger of 
all undertakings of this kind. 



—26— 

It is far from my purpose to form a nation within a nation, but I 
want to see so mucii accomplished, that that which is considered a 
weakness will be formed to a strength and power, and when we are 
spoken of as a class, that this be done with respect and not in a forced 
manner, but as being quite natural and as a matter of course ; for we 
have done nothing to merit censure or reprobation, as we ai*e acting 
as men of honor and sense, and as law abiding citizens. And on the 
other hand we claim no thanks due us, for any deeds of merit we 
might have accomplished, as this was our simple duty so to do. When 
Max Mueller, probably the greatest living philosopher in England in 
the year 1873, when the Strassburg University was reopened again for 
Germany, had himself added to the faculty, in his salutatory address 
said, that since the last twenty-five years (that was the period that 
time) he had had his workshop in England ; that he always had given 
himself out, and did not want to be anything else but a German, and 
that he was honoi-ed and respected for that, and had he pretended to 
be English, that respect which they entertained for him would 
have been much impaired. 

We can celebrate the Maifest as Germans, for such is the Constitu- 
tion of the United States, and that without the least infringing on the 
loyalty we owe to this country. And we can think and act as Ameri- 
cans, help to build up the country, obey the laws, without neglecting 
or being ashamed of our Germanism, and if we do gather and congre- 
gate as Germans, it is not for selfish purposes and ends, but for some 
greater end, namely, for the public good in general. 

I have nearly come to the end of my harangue. I can assume that 
I have said many practical things ; also much v^hich is superfluous, 
and there are stiil more objects which I have left out. If only the 
least part of what I mentioned be accepted or acted upon, I will be 
contented because I must be satisfied that I cannot convince you of 
the correctness of my propositions and the feasibilit)' to execute them. 
All I rely on is your impartial and just judgment, and with that I 
shall rest satisfied. 

My sincerest wish now is that the participation and interest of all 
classes, and especially of the German-Americans, will increase from 
year to year,and that the recollections, so dear to us all, will be revived 
to such a degree, as to induce us with greater vigor and earnestness to 
introduce into this, with liberty blessed country, our arts, sciences and 
industries. And now one word more ; as there have been sufficient 
provisions made for pleasure and amusement, let me give you some 
wholesome advice : to lay aside all cares, business aff"airs, ill humors, 
love troubles, and all other ills, and be lively and merry ; thereby we 
will go hence more i-efreshed and be better able to attend to our daily 
avocations. And one more word, as a hint to our gentlemen, to act 
and treat like true cavaliers the gentler sex and to show them all at- 
tention possible ; and when the hour comes that the festival closes that 
each and ever}' one of us go hence and leave this place with content- 
ment and with the best and most agreeable recollections of the 
twelfth Galveston Maifest. 



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